General legal information for the United States, not legal advice. Read the disclaimer

Digital Assets After Death: Email, Photos, Crypto and Online Accounts

Photo: Paige Cody / Unsplash

Most people now own digital property: email, photos, social media, cloud storage, subscriptions and sometimes cryptocurrency. Without a plan, family may be locked out or unable to find it.

What counts as a digital asset

  • Email and cloud accounts and the files in them.
  • Social media profiles and online photos.
  • Domain names, websites and online businesses.
  • Cryptocurrency and online payment balances.
  • Loyalty points, subscriptions and digital purchases, which may be licensed rather than owned.

What the law generally allows

Many states have adopted a model law that lets a person authorize an executor or agent to access digital accounts, usually through the provider's own tool or a will. Providers' terms and federal privacy law can still limit access to message content. Check your state and each provider's legacy options.

A practical plan

  1. Make an inventory of accounts, without writing passwords in the will itself.
  2. Store access details in a secure password manager and tell your executor how to reach it.
  3. Use provider tools such as legacy contacts.
  4. Name an executor in your will and state your wishes for digital accounts.
  5. Keep crypto keys backed up and explain how to access them.

Why not put passwords in a will

A will becomes public record in probate and passwords change often. Use a secure method instead and update it regularly.

Provider tools worth setting up now

  • Legacy contact or inactive account manager options on major email, cloud and social platforms.
  • Account memorialization or deletion settings.
  • Password manager emergency access features.
  • Written instructions to your executor about where to find account lists.
  • Two-factor authentication backup codes stored safely.

Cryptocurrency and financial accounts online

  1. List wallets, exchanges and the type of keys or phrases required.
  2. Store recovery phrases securely, offline, and tell your executor how to find them.
  3. Consider a trusted person or professional custodian for large holdings.
  4. Explain in your estate plan what should be done with each asset.
  5. Update when you change platforms.

Online businesses and creative work

If you run a website, online store or channel, record domain registrar logins, hosting, payment processors and who may manage the business after your death. Copyrights and royalties pass under your will or trust, so include them in your plan. See our guides to licensing and copyright basics.

Privacy considerations

  • Do not give a person unrestricted access if you want some messages kept private.
  • Some laws separate access to the catalog of communications from access to message content.
  • Consider deleting sensitive data in advance.
  • Review what social media accounts contain.

For executors: what to do

  1. Get certified death certificates and letters of authority.
  2. Contact providers using their deceased user process.
  3. Secure devices and accounts.
  4. Cancel subscriptions and stop automatic payments.
  5. Keep records of what you access and why.

Terms to know

  • Digital asset: an electronic record in which a person has a right or interest.
  • Fiduciary: an executor, agent or trustee managing someone's affairs.
  • Legacy contact: a person a platform allows to manage an account after death.
  • Two-factor authentication: a second login step, such as a code.
  • Private key: a secret code that controls a cryptocurrency wallet.
  • Terms of service: the contract that governs your use of an online account.

Checklist to organize your digital life

  1. List all email, cloud, social and financial accounts.
  2. Note which accounts have legacy options.
  3. Choose a password manager and share emergency access.
  4. Back up photos and documents in more than one place.
  5. Write instructions in your estate plan for each major asset.
  6. Review the list once a year.

Frequently asked questions

Can my family read my email after I die?

Not automatically. It depends on state law, the provider's terms and what you authorized.

What happens to lost cryptocurrency?

If no one can access the keys, it may be permanently lost. Plan access in advance.

Should I include passwords in my will?

No. Wills can become public, so use a secure method.

Who owns my photos stored online?

You generally own the content, but access is governed by provider terms.

Can an executor close my social media accounts?

Often yes, using provider procedures.

What if I forget to plan?

Family may face delays and lost data, and some accounts may be inaccessible.

Can an executor open my phone?

Not automatically. Law and device security can limit access.

What if I use a platform that has no legacy tool?

The executor may need a court order or to follow the provider's deceased user process.

Are digital purchases inheritable?

Often they are licenses that may end at death, depending on terms.

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